STATE OF ORISSA Vs. DILLIP KUMAR CHAND

JUDGEMENT

(1.) All the aforementioned cases arise from the judgment dt. 2-4-86 of the Sessions Judge, Koraput, Jeypore in Sessions Case No.134 of 1985 who tried the case on transfer from the Court of the Sessions Judge, Kalahandi under orders of this Court. Since the cases arise out of the same judgment and involve common questions of fact and law, they were heard together and will be disposed of by this judgment.

(2.) In the case sixteen accused persons were proceeded against under different sections of the Penal Code for their alleged involvement in the occurrence which took place on 17th of July, 1982 at about 10p.m. at village Narla Road where situated a small railway station on the Waltair-Raipur line. The incident resulted in the death of one Bhagirathi Panda (hereinafter described as 'the deceased') who was running a small hotel there. The deceased was living with his wife and children on the premises, a portion of which was being used for running the hotel. The gist of the prosecution case was that the deceased and accused Arjun Das Agarwal, a rich businessman of the locality, were not pulling on well since the former supported Kausalya, an unmarried girl, working as a maid-servant, in the family of accused Arjun Das Agarwal, had allegedly conceived through him. This incident noised a scandal in the locality. The girl demanded compensation from Arjun Das for her maintenance and treatment and had even staged a hunger strike in front of his house when he refused to accede to her demand. Some processions and demonstrations were held in the locality taking up the cause of the wronged woman. Since the deceased had taken prominent role in these matters, he had invited the wrath of Arjun Das Agarwal. On the night of occurrence, that is 17-7-82, at about 10 p.m., when the deceased had almost wound up business in the hotel, had shut its front door and he was taking accounts of the sale during the day from the servant boy, Abhi, some persons knocked at the door and asked for meals. The deceased told them that Chapatis would not be available and they might come in if they would take rice meals. When the hotel boy opened the door, Devi Misra, Babuli alias Sudhansu Das, Uttam Behera and Radheshyam Agarwal, all accused in the case, got in. Immediately they picked up quarrel with the deceased over non-availability of Chapati meals and manhandled him. Smt. Radhamani Panda, wife of the deceased, and the informant in the case, rushed in and trying to appease the customers promised to serve them meals to their liking. She took her husband (the deceased ) into the adjoining room to cool him down. Food was served to the aforementioned customers in two plates. Instead of taking the meals they crashed the plates, broke the chairs, tables, tore out the electric wiring and broke the lanterns burning in the hotel. It is relevant to mention here that at the time of the occurrence it was drizzling and there was no supply of electricity in the area. While this was going on in the hotel room the informant heard the cry of pain of her husband coming from the adjacent room. On rushing in there she found that he had been stabbed on his belly. Accused Dillip Kumar Chand was holding a knife and along with accused Kishanlal Kamani was trying to drag the deceased from out of the room. Accused Prafulla Kumar Pradhan was manhandling the deceased. When the informant tried to rescue her husband accused Manmohan Das pushed her back. All the aforesaid four persons dragged the deceased out of the house to the road where accused Dillip Chand gave three to four stabbing blows. Accused Arjun Das Agarwal standing on the road was instigating the assailants to finish the victim soon. The other accused persons, viz. Rambilash Agarwal, Motilal Agarwal, Madanlal Agarwal, Santosh Kumar Kamani, Santosh Misra, Puspak Biswal and Hajarilal Agarwal surrounded the deceased while he was being assaulted by accused Dillip Chand and his associates. The informant, the employees in the hotel and some other persons present at the spot rescued the deceased and carried him back to the house. The informant with some difficulty arranged a truck and carried the injured to Narla Hospital. She also sent information to the Narla Police Station about the incident. The Assistant Sub-Inspector attached to Narla Police Station on getting the information reached the hospital and took the first information report from her. The doctor attending on the injured advised that he should be immediately removed to the headquarters hospital at Bhawanipatna. The injured was carried to Bhawanipatna Hospital in the same truck. On reaching the said hospital the doctor declared him dead.

(3.) On the aforesaid allegations, accused Dillip Kumar Chand, Kishanlal Kamani, Prafulla Kumar Pradhan, Manmohan Das and Arjun Das Agarwal were charged under Ss.302/149 and 302/34, I.P.C. for the offence of murder of the deceased. The first four were further charged under S.449, I.P.C. for committing house trespass in order to commit murder of the deceased. Accused Devi Misra, Babuli alias Sudhansu Das, Uttam Kumar Behera and Radheshyam Agarwal were charged under S.451/34, I.P.C. for committing house trespass with common intention to commit mischief. They were further charged under S.427/34, I.P.C. for committing mischief by damaging properties in the hotel of the deceased. Accused Rambilash Agarwal, Motilal Agarwal, Madanlal Agarwal, Santosh Kumar Kamani, Santosh Kumar Misra, Puspak Kumar Biswal and Hajarilal Agarwal were charged under S.341/149, I.P.C., for wrongfully restraining the deceased. Accused Devi Misra was also charged under S.323, I.P.C. for causing hurt to the informant.